Cestui Que - Typical Medieval Patterns

Typical Medieval Patterns

Derek Roebuck has given the following typical fact patterns which were often found in medieval cestui que use:

Example 1: Albert is the owner of a landholding called Blackacre. He conveys this to Richard with the command that Richard hold the land with the duty not for Richard's benefit, but for a different purpose. This could be to do a job, such as collect rents and profits for the purpose of passing them to a third person, Lucy. This was nothing more than a clever legal device with Richard playing either an active or passive role.

Example 2: If Jane (women could engage in cestui que use), granted Blackacre to Charles to the use of David, then David became the beneficial owner and Jane could not vary or detract from that ownership.

Example 3: If Mary wanted to grant Blackacre away from her direct heir James, to her younger son Jasper, then she might well do so by a grant of Richard to the use of Jasper in tail, remainder to James in fee simple. Only Richard had a legal estate, the interests of Jasper and James being equitable analogues of a legal fee tail and fee simple in remainder.

Example 4: If Mary wanted to make a will of the equitable ownership of Blackacre, she would be able to do so by a grant to Richard to the use of herself, Mary. The ownership of Blackacre did not pass on Mary's death to her heir but went to wherever she might will it. By this method, Mary could keep her wishes secret until her death when her will would be read, and would prevail. This was a way to defeat primogeniture inheritance.

Example 5: Uses were so common by the middle of the fifteenth century that they were presumed to be in existence even if no intention could be proved. If Martin granted Blackacre to Martha, and she could show no consideration (that is, that she paid for it), then Martha would be considered in equity to be the feoffee to unspecified uses to be announced at Martin's discretion. If Martin sold Blackacre to Martha, but did not go through the formal routines of feoffment to complete the conveyance, Martha could not become the legal owner. But in equity, Martin held the land to the cestui que use of Martha. It would have been unconscionable for him to do otherwise having taken her money for the sale of Blackacre.

Example 6: Albert might convey Blackacre to Richard for the use of Jane. In this case, Richard was called the "feoffee of uses". Jane was the "cestui que use". This was short for "cestui a qui use le feoffment fuit fait", i.e. "The person to whose use the feoffment was made." This device separated legal from beneficial ownership.